Dive Brief:

• A federal appeals court formally declined to reconsider a Virginia case that sought to ban transgender students from using bathrooms that correspond to their gender identity, Education Week reports.
• The court pointed to the federal Title IX law as upholding the rights of transgender students, affirming positions held by the U.S. Department of Education and Department of Justice on the issue.
• In a statement released by the American Civil Liberties Union, plaintiff Gavin Grimm said, "Transgender kids should not have to sue their own school boards just for the ability to use the same restrooms as everyone else," expressing hopes that he would be able to go back to using the boy's bathroom.

Dive Insight:

Though the issue now appears to be settled in Virginia, the media frenzy surrounding transgender bathroome rights and a powerful reaction from conservative politicians in opposition mean that it's likely not the end. The U.S. Department of Education has threatened to withhold federal funding from states with prohibitive legislation.

Other states and cities are caught up in similar legal battles. Indiana, Missouri, Wisconsin and South Dakota are all considering legislation that some consider intolerant. Education Week reports that a total of 11 other states are now enmeshed in lawsuits, and have sued the federal government over guidance on the issue. School systems and states have landed on both sides of the issue.